Replies to LegCo questions
LCQ10: Improving business environment for newspaper hawkers
Following is a question by the Hon Shiu Ka-fai and a written reply by the
Secretary for Food and Health, Dr Ko Wing-man, in the Legislative Council today
(November 30):
Question:
Recently, a group of newspaper hawkers have relayed to me that their business
environment has become increasingly difficult, and pointed out that the number
of newspaper stalls in Hong Kong has dropped persistently from over 2 000 in the
1990s to the present level of about 380. In this connection, will the Government
inform this Council:
(1) of the current number of licensed newspaper hawkers; whether new hawker
licences (newspapers) were issued in the past five years; if so, of the number
issued each year; if not, the reasons for that;
(2) given that, as mentioned in the report of the Subcommittee on Hawker Policy
formed under the Panel on Food Safety and Environmental Hygiene of the previous
term of Legislative Council, a member made the following suggestions for
consideration by the Government: (i) relaxing the requirement for elderly
licence holders to operate the hawker stalls in person, and (ii) allowing
newspaper hawkers to sell more varieties of goods, whether the authorities will
implement such suggestions; if they will, of the details; if not, the reasons
for that;
(3) whether it will consider providing ex-gratia compensation for licensed
newspaper hawkers who opt to surrender the licence; if it will, of the details;
if not, the reasons for that; and
(4) whether it will draw reference from overseas experience and study the
introduction of a revitalisation scheme for newspaper stalls to improve their
business environment, so as to preserve such kind of hawking activities with
characteristics of local culture and heritage, and to help newspaper hawkers
maintain their livelihood?
Reply:
President,
Licensed hawkers were originally allowed to sell newspapers, magazines,
periodicals and books only. In 1990, the former Municipal Council decided to
relax the policy on the commodities permitted for sale by newspaper hawkers and
allowed them to also sell commodities of small size to provide convenience to
the public. Under that policy, newspaper hawkers were allowed to also sell eight
commodities of small size: tissues, cigarettes, cigarette lighters, chewing
gums, sweets, preserved fruits, battery cells and pens. While the permitted size
of newspaper stalls remained the same, the area used for the sale of additional
commodities should not exceed 25 per cent of the stall area.
In 2009, in response to the licensed newspaper hawkers' concern over the
increase in tobacco duty that may result in income loss, as well as their urge
for the Government to help them improve their business environment, the Food and
Environmental Hygiene Department (FEHD), having consulted the trade, relaxed the
relevant restrictions by expanding the list of additional commodities permitted
for sale from eight to 12 items, i.e. on top of the commodities already approved
(i.e. tissues, cigarettes, cigarette lighters, chewing gums, sweets, preserved
fruits, battery cells and pens), bottled distilled water, trinkets, lai-see
packets and cell phone stored value cards, have been added to the commodity
list. The restriction on area used for the sale of additional commodities has
also been relaxed by expanding the space limit from not more than 25 per cent to
not more than 50 per cent of the total stall area. In addition, licensed
newspaper hawkers are allowed to display within the confines of their stalls
lawful advertisements related to commodities permitted for sale without making
further application.
My answer to the various parts of the question is as follows.
(1) Currently, there are around 420 newspaper stalls in Hong Kong. FEHD has not
issued such type of licences under normal circumstances since its establishment
in 2000 and has no plan to issue new licences as such. This is due to the fact
that changes in the circumstances of society, the increase in the number of
sales outlets (such as convenience stores) of newspapers and magazines, the
distribution of free newspapers and fierce competition from other forms of media
(in particular electronic media) have contributed to lowering the general
public's demand for the provision of newspapers and magazines by on-street
newspaper hawkers. In addition, there have been diverse views of different
parties in society on the environmental hygiene problems posed by on-street
hawking activities.
(2) According to section 38 of the Hawker Regulation (Regulation) (Cap. 132AI),
when the business of a licensee to whom a fixed pitch has been allocated is
being carried on, that licensee shall, unless absent for some reasonable cause,
be personally present at the pitch and conduct or superintend business there. A
licensee may also, according to section 12(1) of the Regulation, employ such
number of assistants as he/she thinks necessary for the purpose of enabling
him/her to carry on his/her business, but no such assistant shall engage in
hawking during the absence (other than absence for reasonable cause) of the
licensee from his/her pitch. In addition, where a licensee, under conditions
such as being incapacitated by illness, leaves his/her business for a period of
more than eight days, he/she may appoint any person eligible to hold a hawker
licence to be his/her deputy during the incapacity according to section 11 of
the Regulation. Hawker stalls take up public space and incur public resources.
The above regulations help prevent licensees from not operating their businesses
in person or sub-letting their hawker stalls to others illegally.
On the suggestion of relaxing the number of additional commodities allowed to be
sold by licensed newspaper hawkers, FEHD is willing to maintain communications
with the trade. We consider that the prerequisite factors for consideration of
adjustment include that newspaper stalls must maintain at the currently
specified size, street obstruction and environmental nuisances problems should
be prevented, the additional commodities permitted for sale should not affect
public health and food safety, as well as that the space occupied for such sale
should be in proper proportion.
(3) In the past, the Government implemented schemes for voluntary surrender of
hawker licences in return for ex-gratia payment with a view to solving problems
of passage obstruction and environmental nuisances caused by on-street hawking,
and minimising the fire risks posed to residents nearby. Those schemes did not
aim at providing any form of retirement security for the licensed hawkers. The
Government currently has no plan to provide ex-gratia payment for licensed
newspaper hawkers to surrender their licences.
We respect the wish of newspaper hawkers to continue operating their newspaper
stalls. At the same time, with respect to the sustained low levels of
unemployment rates in recent years and changes in the newspaper, magazine and
physical print-media markets, to nourish licensed newspaper hawkers'
considerations of their prospect, we are willing to liaise with relevant
Government departments for providing information and assistance on employment
and job retraining to those who are interested in changing jobs.
(4) The Government has been maintaining communications with the licensed
newspaper hawkers to listen to their views, with a view to assisting in
revitalising newspaper stalls, and improving their business environment. Apart
from the relaxation on the number of commodities permitted for sale in response
to the trade's request in 2009, in mid-2013, the trade proposed installing LED
monitors for publicising the commodities sold at the stalls, as well as
installing Wi-Fi facilities for providing free internet to the public. The
Government accepted the suggestion in early 2014. Participant stalls must comply
with the relevant licensing requirements and conditions, ensure electricity
safety of the installations, and at the same time avoid causing obstruction and
nuisances to the surroundings (including pedestrians and road users). FEHD will
continue to listen to the views of the trade on their business arrangements and
consider their views as appropriate.
On one hand, the Government will continue to provide a convenient business
environment for the hawking activities of licensed newspaper hawkers. On the
other hand, it also has the responsibility of regulating on-street hawking
activities, maintaining good order, minimising nuisances to the environment, as
well as lowering the impact on residents nearby. The Government will continue to
strike a balance between the two. Hong Kong is a highly populated and densely
developed city, and its municipal management is different from overseas cities.
We will keep in view whether there is relevant overseas experience for
reference.
Ends/Wednesday, November 30, 2016
Issued at HKT 16:20
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